HomeMy WebLinkAbout08-20-1975"' 1
Wednesday, August 20, 1975 7:30 P.M. Pg. 1
The second regular meeting of the month of the Town Board was held
at the Town Hall, 15 Terrace Rd., with Supervisor Robert P. Blatchley
presiding. Other Board members present were Justice Donald Eaton, and
Councilman, Sherman Griswold. Justice Ronald Fish arrived after 9:00 p.m.,
and Councilman Ray Miller was absent. Others present were: Town Attorney,
John Gardner; Town Engineer, William Rowell; Town Clerk, Christine Canestaro;
Highway Supt., Carl Eaton; Legislators,Delmar Palm and Henry Wadsworth;
Shirley Fish arrived late; Attorney George Yeager; Mr. Edlund & Mr.
Bartholamew of Bell Dr.; Bruce Moss; Mr. Raymond Ingraham and members of
his Bicentennial committee; Mrs. Coon & Mrs. Turney of Lamont Cr. with
their championship girls softball team; Mr. Ken Morse with his championship
boys softball team; and newspaper reporter, Skip Chapman.
The meeting was called to order by Supervisor Blatchley and the
pledge of allegience was given by all in attendance.
The Town Clerk read the minutes of the last meeting. There were no
corrections or additions. Upon motion of Justice Eaton, seconded by
Councilman Griswold, all voting aye, the minutes were approved as read.
Mrs. Coon presented her 1975 championship girls softball team, which
placed first in the league and first in the play-offs.
Highway Superintendent, Carl Eaton reported that the Center St. Bridge,
in McGraw was now open to traffic.
Supervisor Blatchley reported that Fred Walker had found a leak in
the water line at the intersection of Tompkins St. & Starr Rd., which
was causing a loss of 4.0-50 thousand gallons of water per day. Repairs
were presently being made.
Supervisor-Blatchley announced that the Town Board would meet with
the Town Planning Board on August 25, 1975 to discuss the Meadowbrook
development and its related problems.
Mr. Blatchley reported that the Blodgett Mills playground equipment
had been delivered and is scheduled to be installed Wednesday, Aug. 27,1975•
Mr. Raymond Ingraham, Co -Chairman of the Town of Cortlandville Bicentennial
Committee made the following presentation:
"As of late June, there are 200 official Bicentennial Communities in
New York State. We are proud to say that the Town of Cortlandville is one
of the three in Cortland County.
As a recognized Bicentennial Community, one of our privileges is to
fly the Bicentennial Flag. We have been awarded this flag and scroll by
the American Revolution Bicentennial Commission in Washington, D.C. for our
out -standing projects.
Here with me, are Alice Griswold, our bookkeeper; Bill Griswold,
representing the Horizon sub -committee, who are working on a permanent,
public, herb garden; Mildred Thomas, representing the Heritage sub -committee;
and I represent the Festival sub -committee.
On behalf of the 4.1 members of the Town of Cortlandville Bicentennial
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committee, we are presenting this flag and scroll to the Town Board for
display here at the Town Hall."
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Wednesday, August 20, 1975 Pg• 2
Mrs. Coon of Lamont Circle reported that Cortlandville had four
softball teams - two girls teams and two boys teams. The 8-12 year olds,
boys team placed second in the league and second in the play-offs. The
13-17 year olds,boys team won the play-offs. The 8-12 year olds,girls
team placed first in the league and first in the play-offs. the 13-17
year olds, girls team had five home run records and placed first in the
league. Arts and crafts program at Lamont Cr., she reported, had a
large attendance; two trips were taken. One to Cooperstown and1one to
Corning Glass Works. Mrs. Coon thanked the Town Board for their cooperation
and for the new basketball court and back stop.
Supervisor Blatchley reported that the Firemens picnic has been set
for Sept. 13, 1975 and thought a formal dedication of the new Municipal
building could be made at the same time.
Ted Testa stated he felt the town should have a placque made for the
new Municipal building, listing the town officials presently, in office and
that the placque should be presented at the formal dedication of the new
building.
Supervisor Blatchley a�pointed Councilman Griswold and Ted Testa to
work out the details of the placque.
RESOLUTION #125: AUTHORIZATION TO PURCHASE PLACQUE FOR NEW MUNICIPAL BUILDING
Upon motion of Justice Eaton, seconded by Councilman Griswold, all
voting aye and adopted.
BE IT RESOLVED That Ted Testa and Councilman Sherman Griswold be and
they hereby are, appointed to serve as a committee to purchase a
placque for the new municipal building not to exceed $100.00 and to
have it appropriately inscribed with the names of the present Town of
Cortlandville officials, and
BE IT FURTHER RESOLVED, That said placque be presented at the formal
dedication of the new Municipal Building on Sept. 13, 1975.
Attorney, John Gardner reported that a "Notice of Appropriation" had
been served upon the Town Clerk. The appropriation concerns a triangular
piece of land located on the northwest corner of the intersection of Route
281 and McLean Rd. and relates to the relocation of water lines and mains.
The notice was served on the Town Clerk on Aug. 19, 1975• The description
maps of this property were filed with the Dept. of State on 7/7/75 and with
the Cortland County Clerk on 7/22/75.
Attorney Gardner reported that on 8/1.5/75, Assessor, Robert Wells was
served with a copy of a notice of petition and a request to review the
tax assessment for the Barker's Stores. The action is brought against
the Board of Assessment Review, the Town of Cortlandville, and the
assessor of the Town of Cortlandville.
RESOLUTION #126: AUTHORIZATION FOR ATTORNEY, JOHN GARDNER TO DEFEND THE
TOWN OF CORTLANDVILLE, THE BOARD OF ASSESSMENT REVIEW, AND THE TOWN
ASSESSOR IN THE ACTION BROUGHT BY CORTLANDVILLE CENTER ASSOCIATES
Upon motion of Justice, Donald Eaton, seconded by Councilman, Sherman
Griswold, all voting aye and adopted.
BE IT RESOLVED, That Attorney John Gardner be, and he hereby is,
authorized and directed to defend the Town of Cortlandville, the
Board of Assessment Review, and the Town Assessor in the action
brought by Cortlandville Center Associates.
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Attorney Gardner reported that the action brought by Walter Westendorff
against the Town to clear title to lands in the Town of Cortlandville, on
Pendleton St. Ext., which were annexed by the City of Cortland in 1973, had
been tried at a special term of Supreme Court on May 7, 1975 and that he
successfully defended the Town in the action. The judgement entered 6/20/75
states that�the rights of the Town would not be impaired in the two deeds
from LaVerne Niederhofer and the easement obtained at the time of annexation.
Since 'an -action of appeal has not been entered, the judgement is now final.
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Wednesday, August 20, 1975
Pg• 3
Attorney Gardner reported that on 8A 9/75 he and Supervisor Blatchley
had met with Helen Amdur, Attorney for Sammons Communications, who are
requesting a change in their Cable T.V. Franchise, in accordance with the
new rules of the Federal Communications Commission and the New York
Commission on Cable T.V.. They requested a public hearing be held to amend
the franchise. Attorney Gardner stated that Sammons Communications has
completed franchise amendments with the city of Cortland, and the Village
of Dryden. ,
Supervisor Blatchley advised that Sammons Communications will divide
3% of their income between the Town and the State; 2/3 to the Town and 1/3
to the State.
Attorney Gardner advised that provision is made in the ammndment
for the receiving and resolving of all complaints regarding quality of
service, equipment malfunctions and similar matters.
RESOLUTION #127: SETTING DATE FOR PUBLIC HEARING REGARDING SAMMONS
COMMUNICATION FRANCHISE AMENDMENT
Upon motion of Justice, Donald Eaton, seconded by Councilman,
Sherman Griswold, all voting aye and adopted.
WHEREAS, Sammons Communications has requested an amendment to
their Cable T.V. Franchise, now therefore
BE IT RESOLVED, That a public hearing be held at the Town Hall,
15 Terrace Rd. on October 15, 1975 at 7:30 P. M. so that all
interested parties may be heard.
Mr. Kenneth Morse introduced members of the Town of Cortlandville
Championship Boys soft -ball team, who presented the trophy they,had won
to the Town Board to be kept in the Town Hall.
William Rowell reported that the manner in which the Groton Ave.
trunk line sewer is to be built and how it will be paid for has not,
as yet, been resolved. He will be discussing this further with the
city engineers sometime next week.
Supervisor Blatchley reported he had been in touch with Mr. Gorman,
Attorney Fitzgerald and Attorney Geo. Yeager regarding the Gorman tract
and feels that progress is being made towards a final agreement with
Mr. & Mrs. Tarbell of Bell Dr. He also reported that he felt that the
Town Engineer and the County Health Dept. Engineer, James Feuss, were
closer to an agreement for the approval of sewage plans for the
Meadowbrook Development.
Attorney George Yeager reported that the escrow agreement between
the Tarbells and Gorman has not, as yet, been signed and he feels that it
is taking longer than necessary to finalize this agreement.
Supervisor Blatchley reported he had contacted the Village of Homer
to discuss cost of water and sewer service to the Meadowbrook tract. He
was advised that maps of the area showing locations of water and sewer lines,
etc., will be needed.
James Feuss stated that the County Health Dept. contends that the
sewer line going into the project should be larger than the one proposed in
order to acommodate future expansion in the area. In view of the fact
that the developer has a large piece of property in the immediate area,
which he is not developing at this time and its future development is
unkown, Mr. Feuss recommended that the developer install a 12" sewer
line, but would accept a minimum line of 10".
Supervisor Blatchley said that Mr. Gorman had indicated to him that
he would agree to install a 10" line.
Mr. Feuss indicated he would approve the plot plans, with the 10" lines,
after they have been properly amended.
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Legislator, Shirley Fish asked Mr. Feuss, if the 10" sewer line would be
adequate to acommodate a high density development in the undeveloped area.
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Wednesday, August 20, 1975 Pg. 4
Mr. Feuss replied that this was the reason he had preferred the installation
of a 12" line and that future high density development would make the 10"
line inadequate and that it would be the Town's decision, at the time of
future development, how this problem would be solved.
Mr. Alan Burr of Blodgett Mills reported that they needed more dirt
for the playground. The Town Board recommended that after the dirt is
spread, that it be seeded.
Legislator, Henry Wadsworth reported that 28 stones had been
pushed over in the McGraw Cemetery. Mr. Blatchley suggested that all the
stones in the Cemetery be laid down, to keep them from being pushed over.
® Supervisor Blatchley inquired of Bruce Moss, what the status of the
® fire contract with the Village of Homer was. Mr. Moss reported that the
contract had been delivered to the Village attorney and should be in
the hands of the Town of Cortlandville attorney the first of the week.
Mr. Moss reported that there had been some concern amongst the firemen
that "things were going on" regarding the dept. of which they were not
aware. Mr. Blatchley explained that what was being eluded to, was the
fact that he had been gathering data regarding the formation of a Town owned
fire dept; stating that he felt that it was his duty, as Chief Fiscal Officer
of the Town, to supply the town with the least expensive protection possible.
He went on to say that the data he had gathered points out the fact that it
is not feasable to own our own company at this time.
Mr. Moss announced that the Frank Taylor Hose Co. #4 would hold an
open house and chicken barbeque on Saturday, Sept. 13, 1975 at the new
Municipal Building.
Mr. Blatchley read a letter from Mayor Donald Niver of McGraw regarding
the fire contract with the Village of McGraw, in which he requested an
increase of $3,000 in the new contract. The basis of their request was
substantiated by increased expenditure costs for the years 1972-75. The
cost to the town would be $8500 per year for two years with a clause to
allow for review and change at the end of the first year.
Upon motion of Justice Eaton, seconded by Justice Fish, all voting aye,
the letter was ordered received and file..
Justice Eaton stated that if negotiations were going to be made,based
on assessment value in the protection district, that actual figures should be
used rather than the approximate figures used in Mr. Niver's letter. He
suggested further negotiations between the two Boards should be made.
No action was taken at this time.
Supervisor Blatchley read a letter he -had received from P.T.M. plant
engineer, Robert G. Jankowsky, regarding their need for additional metered
water supplies. "For economic and hydroulic reasons", he said, "our best
interest would be served if an additional 2" meter were installed parallel
with our existing 2" meter. Since the meters would be located in the same
area, I would hope that two meter charges could be avoided."
Mr. Rowell apprised the Board, he had investigated the feasability of
installing a 4" water service line at P.T.N. and that it could be metered
with two 2" meters as requested by P.T.M.. He recommended that P.T.M. be
allowed to install a second 2" meter next to the existing 2" meter and
that the service charge be computed on a total consumption basis. Upon
motion of Justice Eaton, seconded by Justice Fish, all voting aye, the letter
was ordered received and filed.
RESOLUTION #128; AUTHORIZATION FOR P.T.M. TO INSTALL A SECOND 2 INCH WATER
METER
Upon motion of Justice Eaton, seconded by Councilman Griswold, all voting
aye and adopted.
BE IT RESOLVED, That upon the recommendation of Town Engineer, William
Rowell, P.T.M. be, and they hereby are, allowed to install a second
2" meter next to the existing 2" meter to meter the consumption of water
from the new 4" water line which they propose to install, and
BE IT FURTHER RESOLVED, That the total consumption of the two meters be
computed as one consumption figure for the purposes of billing.
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Wednesday, August 20, 1975
Pg. 5
Mr. Rowell apprised the Board that drilling of the 12" well would
begin tomorrow (8/21). Justice Eaton inquired if the quality of the
water would change due to the cone of influence. Mr. Rowell stated
he did not think that drilling of the new well would cause any change
in the quality of the water.
Mr. Rowell advised the Board that contract documents for the
furnishing and installation of the new pipe lines on route 281 and
McLean Rd. were ready for review by the Town Attorney; and that
advertising for bids on the project could be done, subject to review
by the town attorney.
Town Attorney Gardner stated that the state has estimated the
cost of the project at $48,243. The state will reimburse Water Dist. #1 •
90/ of the cost, not to exceed $4.1,553•
RESOLUTION #129 AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE FURNISHING
AND DELIVERING & INSTALLING COMPLETE 8 ,10 & 12 INCH WATER MAINS,
VALVES, HYDRANT AND APPURTENANCES AT THE INTERSECTION OF NYS Rte 281
& McLEAN RD.
Upon motion of Justice Fish, seconded by Councilman, Griswold, all
voting aye and adopted.
BE IT RESOLVED That the Town Clerk be, and she hereby is, authorized
and directed to advertise for bids for the furnishing and delivering
and installing complete 8, 10, & 12 inch water mains, valves, hydrant
and appurtenances at the intersection of NYS Rte 281 and McLean Rd., and
BE IT FURTHER RESOLVED, That all bids shall be enclosed in a sealed
envelope marked "Water Main Relocation" and mailed or delivered to
reach the Town Clerk of the Town of Cortlandville at 15 Terrace Rd.,
Cortland, N.Y. on or before 3:00 o'clock p.m. on September 3, 1975;
at which time and place, all bids received will be publicly opened
and read aloud by the Town Clerk.
Engineer Rowell apprised the Board he had made an inspection of the
existing sewer line at the Chelsea Apts. complex. There were a number of
items which he found unsatisfactory. He spoke to Mr. David Olp about them
and he agreed to take care of these items before Mr. Rowell goes on with
his inspection. Mr. Rowell stated there are modifications which would have
to be made at the pumping station. "Basically", he said, they "had found
two man holes are not properly constructed; one pump has a bad sound,
indicating a bearing problem in the pump or motor; and we would have to
modify the structure of the electrical equipment".
Ronald Petrecca of Lamont Cr. complained that the Assessor had not
made an effort to update the assessments in certain sections of'the town in
the past year, namely Cris Craft and Contento Junk Yard. "Cris Craft" he said
"is on the market for $850,000 and is assessed at $250,000 and Contento is
asking $150,000 and is assessed at $18,000". "These inequities", he said,'
"should not be allowed to exist".
Attorney Gardner advised him to obtain his answers from the assessor
as the Town Board had no jurisdiction over him.
RESOLUTION #130 AUTHORIZTION FOR ZONING ENFORCEMENT OFFICER TO ATTEND
NEW YORK STATE BUILDERS ASSOCIATION MEETING AT TAUTON, NEW YORK
Upon motion of Justice Eaton, seconded by Councilman Griswold, all
voting aye and adopted.
BE IT RESOLVED That the Zoning Enforcement Officer be, and he hereby is,
authorized to attend the N.Y.State Builders Association Meeting at
Tauton, New York on August 21, 1975,and
BE IT FURTHER RESOLVED, That all necessary expenses incurred be
reimbursed, subject to audit by the Town Board.
Justice Eaton reported he had talked with the gas station .proprietor
who supplies gas to the water dept. regarding the charge of gasoline taxes
from which the Town is exempt. He indicated to Mr. Eaton that these taxes
would no longer be charged.
Wednesday, Tugust 20, 1975
pg. 6
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Justice Eaton reported he had obtained a price of $130.00 for the
furnishing and installing of a 4"ft. X 8 ft. sign for the new Municipal
Building from Zuric Signs, 118 So. Main St., Cortland. Since this was
$145.00 less than that quoted by Marsh Signs, it was agreed that the
purchase should be made from Zuric Signs.
Mr. Feuss apprised the Board that the contract for the 208 study
would be negotiated next week. The study is being made to determine the
characteristics of the ground water aqum-fer. Most of the work will be
on the Otter Creek aqua.:-fer. It will be necessary to.put down several
wells and hopefully, in the Town of Cortlandville, this would be in
the town right of way.
Attorney Gardner=advised that any excavations in the town right of way
would have to be approved by the town highway suet.
There being no further business, upon motion of Justice Eaton,
seconded by Councilman Griswold., all voting aye, the meeting was adjourned
at 9:37 p.m..
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RESPECTFULLY SUBMITTED,
CHRISTINE CANESTARO
TOWN CLER1;